{
  "id": 8628000,
  "name": "OLIVER C. FULLER v. RHODODENDRON CORPORATION",
  "name_abbreviation": "Fuller v. Rhododendron Corp.",
  "decision_date": "1935-01-28",
  "docket_number": "",
  "first_page": "660",
  "last_page": "661",
  "citations": [
    {
      "type": "official",
      "cite": "207 N.C. 660"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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    {
      "cite": "114 S. E., 482",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "184 N. C., 375",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11270558
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      "case_paths": [
        "/nc/184/0375-01"
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    {
      "cite": "14 S. E., 640",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "110 N. C., 6",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11272441
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      "opinion_index": 0,
      "case_paths": [
        "/nc/110/0006-01"
      ]
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    {
      "cite": "190 N. C., 822",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8615584
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/190/0822-01"
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  "analysis": {
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  "last_updated": "2023-07-14T19:17:31.653514+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "OLIVER C. FULLER v. RHODODENDRON CORPORATION."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nOn tbe bearing tbe title offered was properly made to depend upon tbe construction of tbe following item in tbe will of Solomon Jones:\n\u201cI give, devise, and bequeath my estate and property, real and personal, as follows, tbat is to say:\n\u201cMy real and personal estate on \u2018Mt. Hebron,\u2019 in Henderson County, North Carolina, to go to my wife, Assena T. Jones, during her mortal life, then to be sold and divided equally among my first wife\u2019s children, and if none alive, to my first wife\u2019s grandchildren.\u201d\nTbe case states tbat Jane Cox was tbe only child of tbe testator\u2019s first wife to survive bis widow, Assena T. Jones. Tbe plaintiff has acquired, by mesne conveyances, all of Jane Cox\u2019s interest in said land.\nOn authority of Brown v. Guthery, 190 N. C., 822, tbe trial court held tbat, under tbe will of Solomon Jones, bis widow, Assena T. Jones, took a life estate in said land, with remainder in fee to tbe children of tbe testator\u2019s first wife who should survive bis widow, and tbat as Jane Cox alone of bis first wife\u2019s children survived bis widow, she was entitled to tbe remainder in fee. This ruling would seem to be correct. Watson v. Smith, 110 N. C., 6, 14 S. E., 640.\nNor is plaintiff\u2019s title affected by tbe testator\u2019s direction to sell tbe land and divide tbe proceeds. Witty v. Witty, 184 N. C., 375, 114 S. E., 482; 40 Cyc., 1999.\nAffirmed.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Shipman & Arledge for plaintiff.",
      "Thomas 11. Franks for defendant."
    ],
    "corrections": "",
    "head_matter": "OLIVER C. FULLER v. RHODODENDRON CORPORATION.\n(Filed 28 January, 1935.)\nWills E d \u2014 Remainder held to vest at termination of life estate and not upon death of testator.\nA devise to testator\u2019s wife for life, the property then to be sold and divided equally among testator\u2019s children by his first wife, \u201cand if none alive, to my first wife\u2019s grandchildren,\u201d is held to vest the remainder after the life estate in the sole survivor of testator\u2019s children by his first wife as of the date of the death of his widow, unaffected by the direction to sell the land and divide the proceeds.\nAppeal by defendant from Warlick, J., at November Term, 1934, of HENDERSON.\nCivil action for specific performance.\nPlaintiff being under contract to convey a certain tract of land on Mount Hebron, Henderson County, to the defendant, duly executed warranty deed therefor, tendered same to the defendant, and demanded payment of the purchase price as agreed. The defendant refused to accept said deed and declined to pay the purchase price on the ground that the title offered is defective.\nThe case was heard upon the pleadings and facts agreed.\nThere was judgment for the plaintiff, from which the defendant appeals, assigning error.\nShipman & Arledge for plaintiff.\nThomas 11. Franks for defendant."
  },
  "file_name": "0660-01",
  "first_page_order": 728,
  "last_page_order": 729
}